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(영문) 서울남부지방법원 2018.10.10 2018고단2893

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall lend any access medium with the promise of compensation in using and managing any medium access to electronic financial transactions.

Nevertheless, around April 4, 2018, the Defendant issued a copy of the physical card connected to the bank account (B) of the name name named in Yangcheon-gu Seoul, with the proposal that “on the face of lending a physical card to operate a liquor company, the Defendant would give KRW 800,000,000 to the name in the name of the Defendant,” before the 6th Dong community service center in Yangcheon-gu, Seoul.

As a result, the Defendant promised to pay for, lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the statutes on the return of financial transaction information to the consolidated account (Evidence No. 56,57 pages of evidence);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The act of lending an access medium is a crime that is highly likely to be used for a crime such as tax evasion, gambling, and springing.

In fact, the personal card lent by the defendant was used to commit fraud and the damage was caused.

The favorable circumstances: The defendant reflects the crime and has no record of criminal punishment.

There seems to be no benefit acquired from the crime of this case.

As above, the sentence as ordered shall be determined by comprehensively taking into account the circumstances unfavorable to the defendant, such as the age, health status (the disabled person of class 1) of the defendant, and the motive, background, means and consequence of the crime of this case, and the circumstances after the crime, etc., and the sentencing conditions indicated in the arguments and records.